Work Health and Safety Regulation 2025
500Matters to be taken into account
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500 Matters to be taken into account
500 Matters to be taken into account
(1) For section 497(2)(e) and (f), the regulator must have regard to all relevant matters, including the following—
(a) an offence under the Act or this regulation or under a corresponding WHS law of which the applicant has been convicted or found guilty,
(b) an offence in relation to the unlawful disposal of hazardous waste under the Protection of the Environment Operations Act 1997 of which the applicant has been convicted or found guilty,
(c) an enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law,
(d) in relation to an equivalent licence applied for or held by the applicant under the Act or this regulation or under a corresponding WHS law—
(i) a refusal to grant the licence, and
(ii) a condition imposed on the licence, if granted, and
(iii) a suspension or cancellation of the licence, if granted, including a disqualification from applying for a licence,
(e) the record of the applicant in relation to matters arising under the Act or this regulation or under a corresponding WHS law.
(2) For section 497(2)(e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subsection (1), in relation to—
(i) the body corporate, and
(ii) each officer of the body corporate.